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I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

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Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#281

Post by gcdvl »

proberts wrote: post #276
gcdvl wrote: post #270

Earlier quoted context omitted.

Thank you for your answer. I had read about the 8 year rule but was afraid that there might be any other condition (like making more than ~ 100K in one year) Regarding the address, I didn't know hiring an attorney was possible for that because I keep reading that the address must be a residential address. It's ridiculous that this can't be updated after one lands, but such is life and bureaucracy. I still have a few…

The mis-delivery of green cards and work cards isn't uncommon and can really mess up the process so it's better to be conservative.

I'll start looking for an immigration lawyer right away since this is the only loose end.

If things go really wrong my passport stamp is good for one year and from what I understand I'll still be a permanent resident, it'll just be more difficult for me to demonstrate that.

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#282

Post by throthrothis »

CrasVestibulum wrote: post #213
throthrothis wrote: post #111

Please all H1Bs of Indian nationality. Do not waste your time, age, money and family life waiting for H1B based GreenCard. Its a lost cause. Move to Canada, Australia or somewhere else. Live a good life rather than being indentured servants for US corporations for a good chunk of your productive age. I moved to Canada some years back and I am really happy about my decision.

(throwaway account) After 12 years (of which 7+ years waiting for a green card) I have come to a similar conclusion. How do you compare living in Canada vs USA , like schools and opportunities for spouses ?

I waited for 3 years in a top American company and I concluded that I will be wasting all my productive years for a GreenCard.

What use is a GreenCard to me when I am old ?

What will happen to my kid's school and education if I am forced to move from one location to another ?

What if I buy a home and I cant live in that because I have to move to another state ?

Why can't I accept job roles which differs 50% than the one in my PERM ?

Why should I redo my LCA if the next job is more than 50 miles ?

Should I stay put in a place and do not ask for salary raise till I get my greencard ?

To hell with all these draconian immigration system.

So I opened up my stackoverflow careers for jobs in Canada, landed a job and they processed my temporary work permit(in 4 months time). Landed in Canada in 2014 and within 1 year we became a permanent residents through the Express Entry program. We bought a home recently.

Salary:

Since I was on H1B, I was given very less (110K) compared to American counterparts who does the same job. But the Canadian employer did not see me like an indentured servant. I was paid more than the US salary. (conversion considered).

The quality of schools I cannot comment because we do not have any kids yet.

Spouse can work !

My wife could not work in the US (She is a masters degree holder). She was sitting in the apartment watching Indian TV channels all day and trying out new dishes. I knew she was getting frustrated day by day.

My wife got a job within 2 months after landing in Canada befitting her education and experience.

We didn't mind the cold. We cared for equal treatment, freedom in life, acceptance and a peaceful life. We got everything as we expected after moving here. We have started to enjoy our life now.

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#283

Post by kilimci »

proberts wrote: post #262
kilimci wrote: post #253

Hi Peter, I'll finish my PhD in ECE around May 2018 and look for employment in the Bay Area. Do you think I should apply for NIW (I have over 300 citations and 10+ peer reviewed publications) or go through the process with H1B? My wife and our son are on F2 visa right now. My wife is a computer engineer and was not allowed to work on F2 visa during my PhD. Can she work as an H1B dependent? Do you think it is worth to…

I would need to know more but it sounds like you would have a strong EB1A extraordinary ability green card application so I would just go this route. And the NIW route is very slow and the law oftentimes misapplied by USCIS so it's not necessarily an easier standard to meet.

Thank you for your response!

I have actually contacted an immigration attorney and she said that I would have a strong case for NIW EB2 (not EB1) application.

However, I'm still not sure if I should go the OPT->H1B-> permanent resident route or apply to EB2 for a faster outcome.

I know that companies have lost interest in employing foreigners so the EB2 might come handy in the job search.

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#284

Post by proberts »

kingmanaz wrote: post #255
cgb223 wrote: post #124

If I'm aware that a member of my company is an illegal immigrant, what can I do to protect them and the company?

What can I do to report and deport said illegal immigrant? Also, which legal authorities can be notified to punish said company?

Your obligation is to employ people who are authorized to work in the US and not to knowingly employ people who aren't authorized to work in the US. So, once you learn that an employee isn't authorized to work, your obligation is to terminate the employment relationship. You have no further obligation to report this person to the government.

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#285

Post by throthrothis »

kk3399 wrote: post #205
throthrothis wrote: post #111

Please all H1Bs of Indian nationality. Do not waste your time, age, money and family life waiting for H1B based GreenCard. Its a lost cause. Move to Canada, Australia or somewhere else. Live a good life rather than being indentured servants for US corporations for a good chunk of your productive age. I moved to Canada some years back and I am really happy about my decision.

after the move, how much pay cut you have to bear with

In fact my pay increased, I know many think that Canadian employers pay less or something. But if you get the right employer, they pay good enough. My spouse also works now. So we together bring home a good chunk of bacon.

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#286

Post by proberts »

kilimci wrote: post #283
proberts wrote: post #262

Earlier quoted context omitted.

I would need to know more but it sounds like you would have a strong EB1A extraordinary ability green card application so I would just go this route. And the NIW route is very slow and the law oftentimes misapplied by USCIS so it's not necessarily an easier standard to meet.

Thank you for your response! I have actually contacted an immigration attorney and she said that I would have a strong case for NIW EB2 (not EB1) application. However, I'm still not sure if I should go the OPT->H1B-> permanent resident route or apply to EB2 for a faster outcome. I know that companies have lost interest in employing foreigners so the EB2 might come handy in the job search.

I don't want to take issue with your attorney's assessment because she knows your background better but oftentimes people underestimate their EB1A qualifications and go down the wrong path.

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#287

Post by vonagam »

Hi, i'm looking in possibility of setting up subsidiary for US firm for which i'm currently working as contractor to qualify for L1 visa after next year of work.

I'm curious about last sentence in subsidiary definition:

"(parent) owns, directly or indirectly, less than half of the entity, but in fact controls the entity."

What are possible examples of control without ownership? What legal documents can be provided to prove such relationship?

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#289

Post by proberts »

vonagam wrote: post #287

Hi, i'm looking in possibility of setting up subsidiary for US firm for which i'm currently working as contractor to qualify for L1 visa after next year of work. I'm curious about last sentence in subsidiary definition: "(parent) owns, directly or indirectly, less than half of the entity, but in fact controls the entity." What are possible examples of control without ownership? What legal documents can be provided to…

That is part of the definition but USCIS rarely accepts it. This would somehow mean control of the board of directors of the sub.

Re: I’m Peter Roberts, immigration attorney who does work for YC and startups. AMA

#290

Post by proberts »

gcdvl wrote: post #281
proberts wrote: post #276

Earlier quoted context omitted.

The mis-delivery of green cards and work cards isn't uncommon and can really mess up the process so it's better to be conservative.

I'll start looking for an immigration lawyer right away since this is the only loose end. If things go really wrong my passport stamp is good for one year and from what I understand I'll still be a permanent resident, it'll just be more difficult for me to demonstrate that.

That's right.
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